ZGCO, LLC GIFT CARD TERMS AND CONDITIONS

General

Banter by Piercing Pagoda (“Banter”) gift cards (“Gift Cards”) are issued by ZGCO, LLC, a Virginia limited liability company. The following Gift Card Terms and Conditions (“Terms”) apply to your Gift Card. When you purchase or use a Gift Card, you agree to be bound by these Terms and Banter’s online Terms of Use and Privacy Policy.

PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING OR PARTICIPATE IN A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT BANTER’S LIABILITY TO YOU. DETAILS ARE SET FORTH BELOW IN THE SECTIONS ENTITLED “LIMITATION OF LIABILITY” AND “DISPUTE RESOLUTION.”

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Redemption and Use

Gift Cards may be purchased as a physical card or an e-gift card in any value from $25.00 to $2,000.00. No person may purchase more than $2,000.00 in Gift Cards during any one day. Banter may separately issue customer service, promotional, or loyalty cards from time to time, which may be subject to separate restrictions, limitations, and redemption and expiration terms. Gift Cards are redeemable at U.S. Banter retail locations or online at www.banter.com. Gift Cards may be used to purchase Banter merchandise or services only. Gift Cards cannot be used for purchases shipped outside of the U.S. There is no tax charged up front on the purchase of a Gift Card; however, applicable sales tax applies to purchases made with a Gift Card.

Gift Cards have no cash value and are not redeemable for cash unless required by applicable law. Purchases will be deducted from the Gift Card balance until the balance reaches zero. If the Gift Card balance does not cover the total purchase amount, you are responsible to pay the remainder with another payment method. If the Gift Card amount is more than the total purchase amount, the balance will be stored on the Gift Card for future use, except as otherwise required by law. Purchases made with Gift Cards are subject to Banter’s Return and Exchange Policy. If a purchase made with a Gift Card is returned, the portion made with a Gift Card will only be provided in the form of a new Gift Card issued to you.

Gift Cards do not expire and are not subject to any dormancy or other fees. Gift Cards cannot be used to purchase other Gift Cards, to pay off balances on any Banter Credit Card account, or in a way that violates these Terms or applicable law. Gift Cards cannot be returned, exchanged, reloaded, or resold. Banter reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check, or other failure of consideration.

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Misuse of Gift Cards

Gift Cards may be provided as personal or business gifts but may not be used in connection with any marketing, advertising, or other promotional activities without Banter’s prior, written approval. Use of Banter’s name, logo, trade dress (including, without limitation, any image or likeness of Banter Gift Cards), or trademarks in connection with the purchase or use of Gift Cards is prohibited. Using Gift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with Banter, or in any manner that is deceptive, unfair, misleading, or otherwise harmful to Banter, its affiliates, or its customers, is prohibited. Banter reserves the right to limit the number or dollar amount of Gift Cards you may purchase. Further, Banter reserves the right, without providing prior notice or issuing a refund to you, to void your Gift Card if Banter suspects that your Gift Card is obtained or used unlawfully, fraudulently, or in a manner that violates these Terms.

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Balance Inquiry

For balance inquiries and to obtain information about Gift Cards, call 800-294-3339 or visit any Banter retail location or www.banter.com/egift-card-balance. Please have the Gift Card number available. The balance you hear when inquiring over the telephone is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.

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Risk of Loss

Protect your Gift Card like cash. The risk of loss and title for Gift Cards pass to the purchaser upon purchase of the Gift Card. Banter is not responsible for Gift Cards that are lost, stolen, damaged, or used without your permission. Gift Cards must be purchased at a Banter retail location, online at www.banter.com, or, if applicable, from an authorized third party. If your Gift Card is lost, stolen, or damaged, and you have the required proof of purchase, Banter will issue you a replacement Gift Card with the balance shown on Banter’s records. Banter and its affiliates are not responsible for, and assume no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.

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Limitation of Liability

BANTER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND BANTER’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD WITH THE BALANCE SHOWN ON BANTER’S RECORDS. BANTER AND ITS AFFILIATES AND ITS VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM GIFT CARDS OR USE OF SUCH GIFT CARDS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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Dispute Resolution

PLEASE READ THIS SECTION AND LINKED TERMS CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

Any disputes relating to these Terms or Gift Cards will be resolved per the Disputes Section in Banter’s online Terms of Use.

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Changes to the Terms and Applicable Law

Banter reserves the right to make changes to these Terms from time to time in its sole discretion, except that any revisions to the arbitration requirements in the Dispute Resolution Section will not apply to existing claims, arbitration of which will be governed by the arbitration terms applicable at the time the claims accrued. The most current version of these Terms will be available at www.banter.com/giftCard-terms and will supersede all previous versions of these Terms. Your continued use of a Gift Card constitutes your acceptance of the changes. These Terms will be governed by the Commonwealth of Virginia and supplemented as applicable by the law of the state where the Gift Card is purchased. You expressly consent and agree to submit to the exclusive jurisdiction and venue in the Commonwealth of Virginia. If any provision of these Terms is deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.